Okla. Stat. tit. 59 § 46.9

Current through Laws 2024, c. 279.
Section 46.9 - [Effective the 91st day after the end of the 2024 legislative session] [Multiple versions] Practice through partnership, firm, association, corporation, limited liability company or limited liability partnership - Certificates of authority or title - Foreign entities - Registration of trade name or service mark
A. The practice of architecture , landscape architecture, or licensed interior design or offering to practice these professions for others by persons licensed under this act through a partnership, firm, association, corporation, limited liability company or limited liability partnership as directors, partners, officers, shareholders, employees, managers, members or principals is permitted, subject to the provisions of the State Architectural and Licensed Interior Designers Act, provided:
1. One or more of the directors, partners, officers, shareholders, managers, members or principals of said partnership, firm, association, corporation, limited liability company or limited liability partnership is designated as being responsible for the entity's activities and decisions of said partnership, firm, association, corporation, limited liability company or limited liability partnership;
2. Such director, partner, officer, shareholder, manager, member or principal is duly licensed under the State Architectural and Licensed Interior Designers Act;
3. All personnel of said partnership, firm, association, corporation, limited liability company or limited liability partnership who act on behalf of the entity for these professions in the state are licensed under the State Architectural and Licensed Interior Designers Act; and
4. Said partnership, firm, association, corporation, limited liability company or limited liability partnership has been issued a certificate of authority by the Board.
B. The Board shall have the power to issue, revoke, deny, or refuse to renew a certificate of authority for a partnership, firm, association, corporation, limited liability company or limited liability partnership as provided for in the State Architectural and Licensed Interior Designers Act.
C. A partnership, firm, association, corporation, limited liability company or limited liability partnership desiring to practice architecture , landscape architecture, or licensed interior design shall file with the Board an application for a certificate of authority for each office location performing work on Oklahoma projects on a form approved by the Board which shall include the names, addresses, state of licensure and license number of all partners, directors, officers, members, managers or principals of the partnership, firm, association, corporation, limited liability company or limited liability partnership legally responsible for the entity's practice. The form shall name an individual having the practice of architecture in such person's charge who is a director, partner, officer, member, manager or principal. The person shall be duly licensed as an architect to practice architecture or licensed as a landscape architect to practice landscape architecture, or as a licensed interior designer to practice licensed interior design in this state through said partnership, firm, association, corporation, limited liability company or limited liability partnership legally responsible for the entity's practice or services offered and other information required by the Board. In the event there shall be a change in any of these persons during the term of the certification, such change shall be filed with the Board within thirty (30) days after the effective date of said change. If all of the requirements of this section and the Board's current rules have been met, the Board shall issue a certificate of authority to such partnership, firm, association, corporation, limited liability company or limited liability partnership.
D. Any other person licensed pursuant to the State Architectural and Licensed Interior Designers Act, not practicing these professions as a partnership, firm, association, corporation, limited liability company or limited liability partnership, shall practice as an individual.
E. No such partnership, firm, association, corporation, limited liability company or limited liability partnership shall be relieved of responsibility for the conduct or acts of its agents, employees, partners, directors, officers, managers, members or principals by reason of its compliance with the provisions of this section, or shall any individual practicing these professions be relieved of responsibility for professional services performed as an individual by reason of such person's employment or relationship with such partnership, firm, association, corporation, limited liability company or limited liability partnership.
F. The Secretary of State shall not issue a certificate of incorporation or register a foreign corporation or any other entity which includes among the objectives for which it is established any of the words "Architect", "Architectural", "Architecture", "Landscape Architect", "Landscape Architecture", "Licensed Interior Designer", or "Licensed Interior Design", or any modification or derivation of these words, unless the Board has issued for said applicant either a certificate of authority for an entity, or a letter indicating eligibility for an exemption pursuant to the State Architectural and Licensed Interior Designers Act. The entity applying shall supply such certificate or letter from the Board with its application for incorporation or registration.
G. The Secretary of State shall not register any trade name or service mark which includes such words, as set forth in subsection F of this section, or modifications or derivatives thereof in its firm name or logotype except those entities or individuals holding certificates of authority issued under the provisions of this section or letters of eligibility issued by the Board.
H.

Upon application for renewal and upon compliance with the provisions of the State Architectural and Licensed Interior Designers Act and the rules of the Board, a certificate of authority shall be renewed as provided in this act.

Okla. Stat. tit. 59, § 46.9

Amended by Laws 2024, c. 138,s. 6, eff. the 91st day after the end of the 2024 legislative session.
Amended by Laws 2021 , c. 443, s. 6, eff. 7/1/2021.
Amended by Laws 2014 , c. 234, s. 7, eff. 5/6/2014.
Added by Laws 1947, HB 149, p. 351, § 12, emerg. eff. 4/16/1947; Amended by Laws 1963, SB 336, c. 178, § 1, emerg. eff. 6/10/1963; Amended by Laws 1981, HB 1192, c. 320, § 4; Amended by Laws 1983, HB 1097, c. 21, § 2, emerg. eff. 7/1/1983; Amended by Laws 1986, SB 573, c. 154, § 6, emerg. eff. 7/1/1986; Amended by Laws 1986, HB 1879, c. 287, § 13, emerg. eff. 7/1/1986; Renumbered from 59 O.S. § 45.12 by Laws 1986, HB 1879, c. 287, § 30, emerg. eff. 7/1/1986; Amended by Laws 1998 , HB 2405, c. 220, §7, emerg. eff. 7/1/1998; Amended by Laws 2006 , SB 1991, c. 163, §8, emerg. eff. 7/1/2006; Amended by Laws 2009 , SB 592, c. 184, §7, emerg. eff. 7/1/2009.
This section is set out more than once due to postponed, multiple, or conflicting amendments.